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Allahabad High Court · body

2016 DIGILAW 2970 (ALL)

We The People, [PIL] v. State of U. P.

2016-08-29

DILIP B.BHOSALE, RAJAN ROY

body2016
JUDGMENT Heard Mr. Prince Lenin (Petitioner in Person) and Mr. S.S. Rajawat, learned Standing Counsel for the respondents. 2. This writ petition was filed in the year 2012 as a Public Interest Litigation seeking the following reliefs : "i.) issue a writ, order or command in the nature of Mandamus, thereby directing the O.P.No.5 to arrange in every district the information of unclaimed dead body be registered at the office of senior most officer of police within the district i.e. the Senior Superintendent of Police (S.S.P.) or Superintendent of Police (S.P.). ii.) issue a writ, order or command in the nature of Mandamus thereby directing the opposite parties to register the demands from Recognized Medical Institutions in demand of dead bodies for the purposes of Medical Education to the medical students in writing before the office of the abovementioned senior most police officer of the district registered on the basis of sequence/order of demand raised by such institution. iii.) issue a writ, order or command in the nature of Mandamus thereby directing the Information of arrival of unclaimed dead body be provided immediately to such Recognized Medical Institutions for the purposes of Medical Education to the medical students by the office of the senior most officer of police in the district. iv.) issue a writ, order or command in the nature of Mandamus thereby directing the opposite parties that at before handing over the unclaimed body to any such Recognized Medical College or Institution an undertaking in writing be taken from the Vice Chancellor/Principal/Head of Department of such Recognized Medical College or Institution for preserving the said unclaimed body for the purposes of Medical Education to the medical students and later on its proper and decent burial or cremation by the college of institute. v.) issue a writ, order or command in the nature of Mandamus thereby directing the opposite parties to take strict legal action against the persons guilty of throwing away the unclaimed dead bodies instead of performing a decent burial to it." 3. The petition has been filed on the strength of some news-paper reports to the effect that (after postmortem) the unclaimed dead-bodies, were being disposed of by police personnel by dumping them in the rivers. Learned counsel for the petitioner is not in a position to inform the court as to whether after the filing of the writ petition any such incident had taken place. Learned counsel for the petitioner is not in a position to inform the court as to whether after the filing of the writ petition any such incident had taken place. 4. The counter affidavit of the respondents states that as and when any information regarding dead-bodies having been thrown in the river or pond is received, departmental proceeding is initiated against the concerned employee. Unidentified and claimed dead bodies are disposed of as per the provisions of U.P. Police Regulations and relevant government orders and circulars with full respect and as per the religion of the dead person. In paragraph 11, the incident as alleged in the writ petition has been explained. In paragraph 12 while replying to the contents of paragraph 29 it has been submitted that the S.S.P., Sant Kabir Nagar, had initiated departmental inquiry against the concerned constables who had thrown away the dead body in the river. 5. On a perusal of the counter affidavit we find that the procedure for disposal of unclaimed corpses is prescribed in Section 135-A of the Police Regulations. 6. In view of the above the writ petition is disposed of with a direction to the respondents to ensure that the provisions of Regulation 135-A of the Police Regulations regarding disposal of unclaimed corpses and unidentified bodies as also the government orders and circulars issued in this regard as referred in the counter affidavit, are strictly adhered by the concerned personnel. In the event of any deviation, appropriate action shall be taken against the persons responsible.